Adoption and Children Act 2002

in relation to England, a voluntary organisation which is an adoption society registered under Part 2 of the Care Standards Act 2000 (c. 14), or

in relation to Wales, a voluntary organisation which is an adoption society registered as a provider in Wales of an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2),

counselling, advice and information, and

any other services prescribed by regulations,

children who may be adopted, their parents and guardians,

persons wishing to adopt a child, and

adopted persons, their parents, natural parents and former guardians;

for the adoption of children, and

for the provision of adoption support services.

must extend to the provision of adoption support services to persons who are within a description prescribed by regulations,

may extend to the provision of those services to other persons.

registered adoption societies, or

other persons who are within a description prescribed by regulations of persons who may provide the facilities in question.

one of those authorities, or

one or more other adoption agencies.

specify who is to carry out the functions, or

require the local authority or authorities to determine who is to carry out the functions.

the recruitment of persons as prospective adopters;

the assessment of prospective adopters' suitability to adopt a child;

the approval of prospective adopters as suitable to adopt a child;

decisions as to whether a particular child should be placed for adoption with a particular prospective adopter;

the provision of adoption support services.

as to the establishment and maintenance of a pooled fund;

as to the provision of staff, goods, services, accommodation or other resources;

for determining the amount of payment or other contribution to be made towards relevant expenditure by the authorities which are parties to the arrangements;

for working in conjunction with registered adoption societies;

as to the responsibility for, and the operation and management of, the arrangements;

for resolving complaints about services provided in accordance with the specified arrangements;

as to the determination of disputes between the authorities which are parties to the arrangements.

report to the National Assembly for Wales that the power has been exercised, and

lay a copy of the direction before the National Assembly for Wales.

any of the persons mentioned in paragraphs (a) to (c) of section 3(1), or

any other person who falls within a description prescribed by regulations (subject to subsection (7)(a)),

a local authority decide to provide any adoption support services to a person, and

the circumstances fall within a description prescribed by regulations,

as to the circumstances in which a person mentioned in paragraph (b) of subsection (1) is to have a right to request an assessment of his needs in accordance with that subsection,

about the type of assessment which, or the way in which an assessment, is to be carried out,

about the way in which a plan is to be prepared,

about the way in which, and time at which, a plan or the provision of adoption support services is to be reviewed,

about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan,

as to the circumstances in which a local authority may provide adoption support services subject to conditions,

as to the consequences of conditions imposed by virtue of paragraph (f) not being met (including the recovery of any financial support provided by a local authority),

as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority’s area,

as to the circumstances in which a local authority may recover from another local authority the expenses of providing adoption support services to any person.

there may be a need for the provision to that person of services that may be provided pursuant to arrangements made by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act),

there may be a need for the provision of services to that person by F81... (in Wales, a Health Authority or Local Health Board), or

there may be a need for the provision to him of any services which fall within the F55education functions (as defined in section 579(1) of the Education Act 1996) of another local authority (as defined in section 579(1) of that Act),

any person who has contacted the authority to request information about adopting a child,

any person who has informed the authority that he or she wishes to adopt a child,

any person within the authority's area who the authority are aware is a parent of an adopted child, and

any person within the authority's area who is a parent of an adopted child and has contacted the authority to request any of the information specified in subsection (2).

information about the adoption support services available to people in the authority's area;

information about the right to request an assessment under section 4 (assessments etc for adoption support services), and the authority's duties under that section and regulations made under it;

information about the authority's duties under section 4A (adoption support services: personal budgets) and regulations made under it;

any other information prescribed by regulations.

a body which is or has been a registered adoption society is inactive or defunct, or

a body which has ceased to be a registered adoption society by virtue of the cancellation of its registration under Part 2 of the Care Standards Act 2000 F214or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 has not made such arrangements for the transfer of its functions relating to children as are specified in a direction given by him.

apart from this subsection the authority would not be entitled to take, or would not be entitled to take without joining the society in the action, but

they are directed to take under subsection (2).

merely because it provides information in connection with adoption other than for the purpose mentioned in section 98(1), or

if it is excepted by virtue of subsection (2).

a registered adoption society, whether or not the society is registered in respect of the provision of adoption support services,

a local authority,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the National Health Service Commissioning Board,

a Special Health Authority F85... F86, clinical commissioning group (in Wales, a Health Authority or Local Health Board) F1, NHS trust or NHS foundation trust,

the Registrar General,

any person, or description of persons, excepted by regulations.

after subsection (7) there is inserted—

in subsection (9)(a) (construction of references to descriptions of agencies), for “or a voluntary adoption agency” there is substituted “ a voluntary adoption agency or an adoption support agency ”.

the exercise by local authorities or voluntary adoption agencies of their functions in relation to adoption, or

the exercise by adoption support agencies of their functions in relation to adoption.

the persons who are fit to work for them for the purposes of the functions mentioned in section 9(1),

the fitness of premises,

the management and control of their operations,

the number of persons, or persons of any particular type, working for the purposes of those functions,

the management and training of persons working for the purposes of those functions,

the keeping of information.

make provision as to the persons who are fit to manage an agency, including provision prohibiting persons from doing so unless they are registered in, or in a particular part of, one of the registers referred to in subsection (2),

impose requirements as to the financial position of an agency,

make provision requiring the appointment of a manager,

in the case of a voluntary adoption agency, make provision for securing the welfare of children placed by the agency, including provision as to the promotion and protection of their health,

in the case of an adoption support agency, make provision as to the persons who are fit to carry on the agency.

as to the facilities and services to be provided by an agency,

as to the keeping of accounts,

as to the notification to the registration authority of events occurring in premises used for the purposes of an agency,

as to the giving of notice to the registration authority of periods during which the manager of an agency proposes to be absent, and specifying the information to be given in such a notice,

as to the making of adequate arrangements for the running of an agency during a period when its manager is absent,

as to the giving of notice to the registration authority of any intended change in the identity of the manager,

as to the giving of notice to the registration authority of changes in the ownership of an agency or the identity of its officers,

requiring the payment of a prescribed fee to the registration authority in respect of any notification required to be made by virtue of paragraph (g),

requiring arrangements to be made for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided by an agency and requiring the agency or manager to take steps for publicising the arrangements.

the fees which may be charged by adoption agencies in respect of the provision of services to persons providing facilities as part of the Adoption Service (including the Adoption Services in Scotland and Northern Ireland),

the fees which may be paid by adoption agencies to persons providing or assisting in providing such facilities.

the adoption of a child brought into the United Kingdom for the purpose of adoption, or

a Convention adoption, an overseas adoption or an adoption effected under the law of a country or territory outside the British Islands.

the duties and powers of a panel F50...,

the administration and procedures of a panel,

the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment),

the payment of F14fees to members of a panel,

the duties of adoption agencies in connection with reviews conducted under the regulations,

the monitoring of any such reviews.

its performance of all or any of its functions relating to adoption,

the children and other persons in relation to whom it has exercised those functions.

the relevant officer of the family court, and

the relevant officer of the High Court,

a child is living with a person with whom the child has been placed by an adoption agency, or

a child in respect of whom a notice of intention to adopt has been given under section 44 is, or will be, living,

to give him any information, or

to allow him to inspect any records (in whatever form they are held),

visit the child there,

make any examination into the state of the premises and the treatment of the child there which he thinks fit.

enter the premises for that purpose at any reasonable time,

require any person to give him any reasonable assistance he may require.

place a child for adoption with prospective adopters, or

where it has placed a child with any persons (whether under this Part or not), leave the child with them as prospective adopters,

an adoption agency which placed the child with those persons may leave the child with them until the application is disposed of, but

apart from that, the child may not be placed for adoption with any prospective adopters.

are to its placing a child for adoption with prospective adopters, and

include, where it has placed a child with any persons (whether under this Act or not), leaving the child with them as prospective adopters;

being placed for adoption with prospective adopters identified in the consent, or

being placed for adoption with any prospective adopters who may be chosen by the agency,

an application has been made on which a care order might be made and the application has not been disposed of, or

a care order or placement order has been made after the consent was given.

where the parent or guardian has consented to the child being placed for adoption with prospective adopters identified in the consent, may be consent to adoption by them, or

may be consent to adoption by any prospective adopters who may be chosen by the agency.

state that he does not wish to be informed of any application for an adoption order, or

withdraw such a statement.

the child is subject to a care order,

the court is satisfied that the conditions in section 31(2) of the 1989 Act (conditions for making a care order) are met, or

the child has no parent or guardian.

that the parent or guardian has consented to the child being placed for adoption with any prospective adopters who may be chosen by the local authority and has not withdrawn the consent, or

that the parent’s or guardian’s consent should be dispensed with.

This subsection is subject to section 52 (parental etc. consent).

it is revoked under section 24,

an adoption order is made in respect of the child, or

the child marries F18, forms a civil partnership or attains the age of 18 years.

the child is placed for adoption by them or is being provided with accommodation by them,

no adoption agency is authorised to place the child for adoption,

the child has no parent or guardian or the authority consider that the conditions in section 31(2) of the 1989 Act are met, and

the authority are satisfied that the child ought to be placed for adoption.

an application has been made (and has not been disposed of) on which a care order might be made in respect of a child, or

a child is subject to a care order and the appropriate local authority are not authorised to place the child for adoption,

a child is subject to a care order, and

the appropriate local authority are authorised to place the child for adoption under section 19,

are under a duty to apply to the court for a placement order in respect of a child, or

have applied for a placement order in respect of a child and the application has not been disposed of,

if any persons have given notice of intention to adopt, unless the period of four months beginning with the giving of the notice has expired without them applying for an adoption order or their application for such an order has been withdrawn or refused, or

if an application for an adoption order has been made and has not been disposed of.

an application for a placement order in respect of a child has been made and has not been disposed of, and

no interim care order is in force,

in relation to a care order, is the local authority in whose care the child is placed by the order, and

in relation to an application on which a care order might be made, is the local authority which makes the application.

the court has given leave to apply, and

the child is not placed for adoption by the authority.

an application for the revocation of a placement order has been made and has not been disposed of, and

the child is not placed for adoption by the authority,

a child is placed for adoption under section 19 or an adoption agency is authorised to place a child for adoption under that section, or

a placement order is in force in respect of a child.

any contact provision in a child arrangements order under section 8 of the 1989 Act ceases to have effect,

any order under section 34 of that Act (parental etc contact with children in care) ceases to have effect, and

any activity direction made in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or made in other proceedings that relate to such an order, is discharged.

the court may make an order under this section requiring the person with whom the child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for the person named in the order and the child otherwise to have contact with each other.

the child or the agency,

any parent, guardian or relative,

any person in whose favour there was provision F99... which ceased to have effect by virtue of subsection F100(1)(a) or an order which ceased to have effect by virtue of subsection (1)(b),

if a F101child arrangements order was in force immediately before the adoption agency was authorised to place the child for adoption or (as the case may be) placed the child for adoption at a time when he was less than six weeks old, F102any person named in the order as a person with whom the child was to live,

if a person had care of the child immediately before that time by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person,

any person who has obtained the court’s leave to make the application.

with whom a child is to spend time or otherwise have contact, or

when a child is to spend time or otherwise have contact with any person;

has effect while the adoption agency is authorised to place the child for adoption or the child is placed for adoption, but

may be varied or revoked by the court on an application by the child, the agency or a person named in the order.

it is satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare, and

the refusal is decided upon as a matter of urgency and does not last for more than seven days.

the steps to be taken by an agency which has exercised its power under subsection (2),

the circumstances in which, and conditions subject to which, the terms of any order under section 26 may be departed from by agreement between the agency and any person for whose contact with the child the order provides,

notification by an agency of any variation or suspension of arrangements made (otherwise than under an order under that section) with a view to allowing any person contact with the child.

consider the arrangements which the adoption agency has made, or proposes to make, for allowing any person contact with the child, and

invite the parties to the proceedings to comment on those arrangements.

a parent or guardian of the child may not apply for a F95child arrangements order regulating the child's living arrangements unless an application for an adoption order has been made and the parent or guardian has obtained the court’s leave under subsection (3) or (5) of section 47,

if an application has been made for an adoption order, a guardian of the child may not apply for a special guardianship order unless he has obtained the court’s leave under subsection (3) or (5) of that section.

a child is placed for adoption under section 19 or an adoption agency is authorised to place a child for adoption under that section, or

a placement order is in force in respect of a child,

causing the child to be known by a new surname, or

removing the child from the United Kingdom.

with whom the child is to live, and

when the child is to live with any person.

the child is subject to a care order, or

the court at the same time makes a care order in respect of the child,

no prohibited steps orderF105... or specific issue order, and

no supervision order or child assessment order,

an application for an adoption order has been made in respect of the child, and

the F107child arrangements order is applied for by a parent or guardian who has obtained the court’s leave under subsection (3) or (5) of section 47 or by any other person who has obtained the court’s leave under this subsection.

with whom the child is to live, and

when the child is to live with any person.

an application has been made for an adoption order, and

the person applying for the special guardianship order has obtained the court’s leave under this subsection or, if he is a guardian of the child, has obtained the court’s leave under section 47(5).

section 14C(1)(b) of the 1989 Act (special guardianship: parental responsibility) has effect subject to any determination under section 25(4) of this Act,

section 14C(3) and (4) of the 1989 Act (special guardianship: removal of child from UKetc.) does not apply.

a child is placed for adoption by an adoption agency under section 19, or

a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption,

a child who is not for the time being placed for adoption is being provided with accommodation by a local authority, and

the authority have applied to the court for a placement order and the application has not been disposed of,

a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency, and

the agency is authorised to place the child for adoption under section 19 or would be so authorised if any consent to placement under that section had not been withdrawn,

a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency, and

the agency would be authorised to place the child for adoption under section 19 if consent to placement under that section had not been withdrawn.

a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption, and

any parent or guardian of the child informs the agency that he wishes the child to be returned to him,

a child is placed for adoption by an adoption agency under section 19, and

consent to placement under that section has been withdrawn,

the agency must give notice of the parent’s or guardian’s wish to the prospective adopters, and

the prospective adopters must return the child to the agency within the period of 14 days beginning with the day on which the notice is given.

the application (and, in a case where permission is given on an application to apply for an order within paragraph (a)(ii) or (iii), the application for the order) has not been disposed of,

with whom a child is to live, and

when the child is to live with any person.

a child is placed for adoption by a local authority under section 19,

the authority have applied for a placement order and the application has been refused, and

any parent or guardian of the child informs the authority that he wishes the child to be returned to him.

is in force, or

has been revoked, but the child has not been returned by the prospective adopters or remains in any accommodation provided by the local authority,

receive the child from the prospective adopters before the end of the period of seven days beginning with the giving of the notice, and

give notice to any parent or guardian of the child of the prospective adopters’ wish to return the child.

is of the opinion that the child should not remain with the prospective adopters, and

gives notice to them of its opinion,

an adoption agency gives notice under subsection (2) in respect of a child,

the application (and, in a case where permission is given on an application to apply for an order within paragraph (b)(ii) or (iii), the application for the order) has not been disposed of,

with whom a child is to live, and

when a child is to live with any person.

have applied for an adoption order in respect of the child and the application has not been disposed of,

have given notice of intention to adopt, or

have applied for leave to apply for an adoption order under section 42(6) and the application has not been disposed of,

the period of four months beginning with the giving of the notice has expired without the people concerned applying for an adoption order, or

the notice is a second or subsequent notice of intention to adopt and was given during the period of five months beginning with the giving of the preceding notice.

fails to comply with subsection (5), or

removes a child in contravention of this section,

the child has had his home with the foster parents at all times during the period of five years ending with the removal and the foster parents have given notice of intention to adopt, or

an application has been made for leave under section 42(6) and has not been disposed of,

a person who has the court’s leave,

a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act F196or section 76(5) of the 2014 Act.

the child has had his home with the foster parents at all times during the period of one year ending with the removal, and

the foster parents have given notice of intention to adopt,